LADY LAWYER :So this is a child support enforcement agency in another state? You did not say, but have you already tried contacting the agency to request a refund? If so, to what result?

Customer:

each time an IWO was issued and income was lost, i contacted the agency to terminate the IWO and requested a refund. the answers varied from the money had been disbursed to the money was put towards the end of the time frame for the court order; i could not complain about the withholding; they did not have the money; basically i was sol. they would terminate the IWO immediately however, realizing it was excessive.

LADY LAWYER :Thank you.

LADY LAWYER :The answer is yes, if you have already exhausted your administrative remedies of requesting a refund from the offending agency, then you can file a claim with the court for a return of your money.

LADY LAWYER :what is the amount in overages you paid?

Customer:

by my calculations (paystubs etc.) $1900+. who would i file a claim with? federal,small claims, and in which state. so far css orange county has been no help, only a hindrance.

LADY LAWYER :You really have two options: Sue the parent (recipient)who may have received the benefit payments directly, or sue the CSA Department, who will in turn sue the recipient. Your other option would be to sue both parties if you don't know who kept your funds.If you sue the recipient alone, you could sue in small claims since you are under the small claims limit. You would need to sue in county court in the county where the recipient lives.Suing the Department would require requesting an administrative hearing on the over-payment. If you have trouble receiving the administrative hearing, then you can go ahead and file your lawsuit. You will have to file in the state where the agency is located and in state court. You would need an attorney for this. In this case, if the Department is made to pay you back they will likely take action against the recipient, if the recipient indeed received the overpayment.

Customer:

the recipient claims she has received no extra funds (i believe her), besides which if the state disbursement unit issued these funds, it would be another violation of a court order. further, i dont see myself traveling to santa ana CA from reno NV and try to find a lawyer there. since the funds were transferred across state lines, wouldn't that be a federal issue?

LADY LAWYER :You could sue in federal court because two state agencies are involved if you are trying not to have to go to CA; however, just because the money crossed state lines is not reason enough to keep the case in federal court. You would have to argue that the federal court has subject matter jurisdiction based on either 1) a federal law that is at issue or 2) the parties have diversity of citizenship (live in different states) and the amount being sued for is at least 75k.

LADY LAWYER :If you file in federal court and the CSA contests it, they can get it kicked down to state court.

LADY LAWYER :but if they don't contest it, it will stay there

LADY LAWYER :In any case, you can use www.martindale.com to search for an attorney. You don't have to go to CA to do that.

Customer:

i don't mean to be a pain but, isn't it per federal law that a state has a right to cross state lines in order to collect child support? the case was opened in CA, i live in NV, and the recipient has lived in the state of Indiana since oct. 2011.

LADY LAWYER :You're not a pain at all. No, it actually is because of compacts between the individual states to enforce, or give reciprocity, to other state court orders.

LADY LAWYER :you don't want to file in fedral court. You will pay twice as much and it is much more difficult.

LADY LAWYER :You can hire an attorney without having to travel to CA. A deman letter may be enough to get a return of you money without even having to sue.

LADY LAWYER :*demand

Customer:

you may not be able to answer this but, should i wait for a response to my request for complaint and then seek a state hearing before pursuing that tact? or perhaps file a demand at the state hearing? my only fear is more money will disappear in the meantime and i'm already going to be in trouble with the irs because the $600 extra they have taken this month will leave me short on what i owe and i can't make it up in time.

LADY LAWYER :Your request for complaint being...?

LADY LAWYER :You should try for an administrative hearing with CSS. If you cannot get one, your next step is a deman letter and after that, a lawsuit.

LADY LAWYER :demand

Customer:

even though i have complained verbally and by letter, they have an official "request for complaint resolution form", and then your supposed to wait x amount of time and if your not satisfied with their response you can request a state hearing.

LADY LAWYER :Yes, you must exhaust all administrative remedies first before your lawsuit would be ripe.

Customer:

so 1. request a state hearing (given their responses so far, they aint giving it back). 2.failing that, issue a demand order against css?

LADY LAWYER :Yes on the first one. And send a demand letter from an attorney next saying to refund the money or you will sue.

LADY LAWYER :The demand letter is only is you are not refunded via an administrative remedy.

Customer:

i appreciate your time. it has given me some direction. i was hoping for a more expedient remedy, but i guess you have to play these things out.

LADY LAWYER :Yes, I certainly wish there was one that I could give you. I am glad you at least know the options you have from here on out. If you have any further questions, please just let me know. If not, would you kindly consider a positive rating at this time? Thanks!

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Meet The Experts:

Ely

Counselor at Law

Satisfied Customers:

10206

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ask a Family Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

66 Family Lawyers are Online Now

Type Your Family Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).